Martin v Commonwealth
[2002] VSC 472
•24 October 2002
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
No. 5584 of 2002
| EDWIN DOUGLAS MARTIN | Plaintiff |
| V | |
| COMMONWEALTH OF AUSTRALIA | Defendant |
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JUDGE: | BONGIORNO J | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 24 October 2002 | |
DATE OF JUDGMENT: | 24 October 2002 | |
CASE MAY BE CITED AS: | Martin v The Commonwealth | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 472 | |
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr RM Downing QC | Hollows Lawyers |
| For the Defendant | Mr P Hanks QC | Australian Government Solicitor |
HIS HONOUR:
There is in this case an order that the question of law, being the choice of law to be applied to this proceeding, be set down for trial as a separate issue, pursuant to Rule 47.04. That issue now being tried, and it being accepted by both parties that it is the same issue that was determined in Burk v The Commonwealth[1], it will be determined in the same way.
[1][2002] VSC453
There will be a declaration that the law to be applied in determining all of the substantive issues in the case, (including issues going to questions of limitations and the like) is Australian law, the content of which is to be derived from the law of the Australian Capital Territory.
I think for the sake of ensuring accuracy I will further order that that order be drawn up by the solicitors for the defendant and signed by a Judge, so that that is also done.
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